Legal Question in Employment Law in Texas

I earn a base salary plus commission quarterly. These were the terms when hired and what all employees recieve as sales associates. I was recently offered a position with another company and I'm going to accept it. I haven't given my current boss notice yet until my new position is finalized this week. Anyway, I've worked for my current boss for 2 years and I would be leaving in good terms. My boss is very cheap and greedy, I have been told that she withholds commission if you leave before it's paid out. 2 current employees that have been with her for 4+ years have seen many people come and go. She has withheld their commission check and in some cases the last paycheck. Can she do this??

Asked on 12/15/13, 7:39 am

1 Answer from Attorneys

Adam Kielich The Kielich Law Firm

No. Commissions and wages earned before you leave cannot be withheld by the employer. Certain incentive bonuses or other incentive fringe benefits can be paid on condition that you stay with the company for a defined period of time after you become eligible for that type of pay but commissions are earned at the time of sale.

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Answered on 12/15/13, 8:46 am

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